At Apfel and Associates, P.C., we pride ourselves in our ability to provide the highest level of legal guidance, representation, and counsel regarding all areas of immigration to the United States, from obtaining citizenship, naturalization or permanent residency to asylum/ humanitarian protection.
One of the most difficult aspects of the process of immigration is simply starting the process. There are 185 different types of visas to consider. How do you know which is appropriate for your specific circumstances and needs? Answering that question is where an experienced law firm like Apfel and Associates, P.C. becomes indispensable.
Today on the blog, we are going to discuss one specific immigrant visa, the EB3 visa for skilled, professional, or other works, to help you see if this type of visa may be suitable for you. Of course, if you have any questions, or would like to discuss your immigration status with one of our experienced attorneys, simply contact us through our website, or give us a call at +1 (602) 399-7970.
What is the EB3 Visa?
For a basic overview of what a visa is, we recommend visiting the United States Department of State website. Essentially, a visa is a travel document which allows a citizen of a foreign country to legally enter the United States. There are two primary types of visas, nonimmigrant visas for temporary visits and immigrant visas for individuals who would like to obtain the right to become a permanent resident in the United States. Understanding this major distinction between visas is a good first step in determining which visa is appropriate for your unique needs.
The EB3 visa in particular is a visa which leads to lawful permanent residency. This is also commonly known as LPR status or Green Card status. The EB3 visa is an immigrant employment-based visa for “skilled, professional, or other workers.” It is widely considered that the EB3 has less stringent requirements than some other employment-based visas such as the H1B or O visas or even the similar EB2 visa for “members of a profession holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.”
EB3 Visa Qualifications
When you read that the EB3 visa is for “skilled, professional, or other workers”, you probably think to yourself… “Well, what does that mean? Am I a skilled, professional, or ‘other’ worker?”
Those are important questions to answer! The eligibility criteria for the EB3 visa breaks down into three distinct categories. Next, we will go over each of the categories individually discussing the requirements you must meet to qualify and the evidence you must display as part of your application process.
- Skilled Workers – To be considered a skilled worker qualified for an EB3 visa, you must be able to demonstrate 2 years of job training or experience and perform work for which there are not currently qualified workers available in the United States. You must also have a full-time job offer.
- Professionals – To be considered a professional qualified for an EB3 visa, you must possess a U.S. baccalaureate degree OR an equivalent foreign degree. Additionally, the baccalaureate degree must be a standard requirement for entry into your occupation. As with the skilled workers category, you must perform work for which there are not currently qualified workers available in the United States and have a full-time job offer. Finally, there can be no substitute such as education or experience for the baccalaureate degree requirement.
- Other Workers – To qualify for ‘other” or ‘unskilled’ worker status, you must be capable of unskilled labor requiring less than 2 years of training/experience that is not of a seasonal nature. As with the other 2 categories, you must have a full-time job offer.
For each of the categories we have discussed, you must also possess a labor certification from the U.S. Department of Labor. The required ETA-9089 individual labor certification form can be found by clicking HERE. The labor certification process is quite complicated as there are many moving pieces and therefore we generally recommend that individuals seek the guidance of a licensed attorney who can guide them through the labor certification process.
When applying for the EB3 visa, your employer must fill out a Petition for Alien Worker form as part of the process.
As you can see, the process of obtaining a visa is complex and at times, esoteric. At Apfel and Associates, P.C., we guide you through the process of obtaining permanent U.S. residence based on family, employment or investor status. For you, that means the process of obtaining permanent U.S. residence status becomes clear and simplified as we detail the steps that must be taken based on your needs.
The information contained in this blog is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this answer, clients or otherwise, should act or refrain from acting on the basis of any content included in the answer without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a licensed attorney. Provision of information on this website does not create an attorney-client relationship between you and Apfel and Associates, P.C. nor is it intended to do so.